A.
Preparation of a SWM site plan is required for all regulated activities, unless preparation and submission of the SWM site plan is specifically exempted according to § 260-39 or the activity qualifies as a small project.
B.
No regulated activities shall commence until the Township issues unconditional written approval of a SWM site plan or stormwater permit.
C.
SWM site plans approved by the Township, in accordance with § 260-33, shall be on site throughout the duration of the regulated activity.
D.
The Township may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law. The Township shall maintain a record of consultations with DEP pursuant to this subsection. Where an NPDES permit for stormwater discharges associated with construction activities is required, issuance of an NPDES permit shall constitute satisfaction of consultation with DEP.
E.
For all regulated activities, erosion and sediment control and stormwater management BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual),[1] No. 363-2134-008 (March 2012), as amended and updated, and the BMP Manual.
F.
Developers have the option to propose a regional stormwater management plan or participate in a regional stormwater management plan developed by others. A regional stormwater management plan may include offsite volume and rate control, as appropriate and supported by a detailed design approved by the Township in accordance with § 260-18. A regional stormwater management plan must meet all of the volume and rate control standards required by this chapter for the area defined by the regional stormwater management plan, but not necessarily for each individual development site. Appropriate agreements must be established to ensure the requirements of this chapter and the requirements of the regional stormwater management plan are met.
G.
Unless prohibited by the East Hempfield Township Zoning Ordinance or any ordinance which regulates construction and development within the areas of East Hempfield Township subject to flooding, and any other applicable requirements of the Floodplain Management Act,[2] stormwater management facilities located in the floodplain are permitted when designed and constructed in accordance with the provisions of the BMP Manual, regulatory requirements and the requirements of this chapter.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
H.
Impervious areas:
(1)
The measurement of impervious area shall include all of the impervious areas in the total proposed development even if development is to take place in stages or phases.
(2)
For development taking place in stages or phases, the entire development plan must be used in determining conformance with this chapter.
(3)
Any areas designed to initially be gravel or crushed stone shall be assumed to be impervious.
I.
All regulated activities shall include such measures as necessary to:
(1)
Protect health, safety, and property;
(2)
Meet the water quality goals of this chapter by implementing measures to:
(a)
Protect and/or improve the function of floodplains, wetlands, and wooded areas.
(b)
Protect and/or improve native plant communities including those within the riparian corridor.
(c)
Protect and/or improve natural drainageways from erosion.
(d)
Minimize thermal impacts to waters of this commonwealth.
(e)
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(f)
Reduce or prevent to the maximum extent practicable the discharge of a pollutant, polluted stormwater, or an illicit discharge to the MS4.
J.
Incorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual). If methods other than green infrastructure and low-impact development (LID) methods are proposed to achieve the volume and rate controls required under this chapter, the SWM site plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable.
K.
The design of all stormwater management facilities over karst shall include an evaluation of measures to minimize adverse effects.
L.
Infiltration BMPs shall be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter. Infiltration BMPs shall include pretreatment BMPs unless shown to be unnecessary.
M.
Infiltration BMPs intended to receive runoff from developed areas shall be selected based on suitability of soils and development site conditions and shall be constructed on soils that have the following characteristics:
(1)
A minimum depth of 24 inches between the bottom of the facility and the limiting zone, unless it is demonstrated to the satisfaction of the Township that the selected BMP has design criteria which allow for a smaller separation. A minimum of 24 inches of over-excavation is required when bedrock is encountered during construction. A suitable topsoil mix shall replace the 24 inches of over-excavation. A minimum of six inches of over excavation is required when impermeable liners are to be installed within the basin bottom.
(2)
A stabilized infiltration rate sufficient to accept the additional stormwater load and drain completely as determined by field tests conducted by the applicant's professional designer.
N.
The calculation methodology to be used in the analysis of volume and peak rates of discharge shall be as required in § 260-22.
O.
A planting plan is required for all vegetated stormwater BMPs.
(1)
Native or naturalized/noninvasive vegetation suitable to the soil and hydrologic conditions of the development site shall be used unless otherwise specified in the BMP Manual.
(2)
Invasive Vegetation may not be included in any planting schedule. [See Invasive Plants in Pennsylvania by the Department of Conservation and Natural Resources (DCNR)].
(3)
The limit of existing, native vegetation to remain shall be delineated on the plan along with proposed construction protection measures.
(4)
Prior to construction, a tree protection zone shall be delineated at the Dripline of the tree canopy. All trees scheduled to remain during construction shall be marked; however, where groups of trees exist, only the trees on the outside edge need to be marked. A forty-eight-inch-high snow fence or forty-eight-inch-high construction fence mounted on steel posts located eight feet on center shall be placed along the tree protection boundary. No construction, storage of material, temporary parking, pollution of soil, or regrading shall occur within the tree protection zone.
(5)
All planting shall be performed in conformance with good nursery and landscape practice. Plant materials shall conform to the standards recommended by the American Association of Nurseryman, Inc. in the American Standard of Nursery Stock.
P.
Areas proposed for infiltration BMPs shall be protected from sedimentation and compaction during the construction phase to maintain maximum infiltration capacity. Staging of earthmoving activities and selection of construction equipment should consider this protection.
Q.
Infiltration BMPs shall not be constructed nor receive runoff from disturbed areas until the entire contributory drainage area to the infiltration BMP has achieved final stabilization.
R.
Stormwater easements.
(1)
A minimum ten-foot-wide access easement shall be provided for all stormwater serving multiple properties and not located within a public right-of-way. Easements shall provide for ingress and egress to a public right-of-way.
(2)
Drainage easements shall be provided where the conveyance, treatment, or storage of stormwater, either existing or proposed, is identified on the SWM site plan. Drainage easements shall be provided to contain and convey the 100-year frequency flood.
(3)
Stormwater facilities not located within a public right-of-way shall be contained in and centered within a minimum twenty-foot-wide stormwater management easement. All easements shall have adequate information to be located in the field.
(4)
Stormwater management easements are required for all on-site areas used to convey stormwater of two cfs or greater for a 100-year storm.
(5)
Unless a concentrated discharge of stormwater to an adjacent property is within an existing watercourse, an easement burdening the adjacent property shall be required.
(6)
Where a development site is traversed by watercourses other than permanent streams, a drainage easement shall be provided conforming substantially to the line of such watercourses. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations that may affect adversely the flow of stormwater within any portion of the easement.
(7)
Nothing shall be placed, planted, set, or put within the area of an easement that would adversely affect the function of the easement or conflict with the easement agreement.
S.
The Township may require additional stormwater control measures for stormwater discharges to special management areas including but not limited to:
(1)
Water bodies listed as "impaired" on Pennsylvania's Clean Water Act 303(d/305(b) integrated list.
(2)
Any water body or watershed with an approved total maximum daily load (TMDL).
(3)
Critical areas with sensitive resources (e.g., state designated special protection waters, cold water fisheries, carbonate or other groundwater recharge areas highly vulnerable to contamination, drainage areas to water supply reservoirs, source water protection zones, etc.).
T.
Non-roof drains and sump pumps shall be tributary to infiltration or vegetative BMPs. Use of catchment facilities for the purpose of reuse is also permitted.
U.
Unless specifically approved by the Township in light of circumstances unique to the site, roof drains shall not be connected to streets, sanitary or storm sewers or to roadside ditches and instead shall discharge to infiltration areas or vegetative BMPs.
V.
Nonstructural BMPs shall be utilized for all regulated activities unless proven to be impractical.
W.
Stormwater flows onto adjacent property shall not be increased, relocated or have the character of the flow changed without written notification to the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter.
X.
BMP's shall be protected from damage by domesticated animals with fencing around their extents.